Here is the complaint:
Rudy St Germain v Kelly Complaint For Prospective Equitable Relief
And a press release:
Nooksack 306 Deprived Of Christmas Support
Deming, WA – Today the Nooksack 306 were forced to file yet another Tribal Court lawsuit, after it became public that on December 3, the Nooksack Tribal Council Faction led by Chairman Bob Kelly voted via secret “poll” to exclude the 306 families from $250 in Christmas support.
The families have asked the Nooksack Tribal Court to stop the Kelly Faction from excluding 306 families from the distribution, which they intend to make starting this Thursday, December 12.
“We are disgusted but not surprised that Bob Kelly and his followers would now deprive our families from Christmas support,” said Nooksack 306 family spokesperson Moreno Peralta. “The holidays are a struggle for many of us, and they know that. This is just pure insult that is being added to the deep injury we’ve already suffered this year.”
Tribal member comments on the Tribe’s Facebook page confirm that Nooksack “families in need” could really use the Christmas monies.
The lawsuit alleges violation of the equal protection clauses in the Nooksack Constitution and federal Indian Civil Rights Act, as well as the Indian Gaming Regulatory Act (IGRA), which prevents tribes from distributing gaming revenues on a per capita basis without a federally-approved revenue allocation plan and/or in discriminatory fashion.
The Nooksack Tribe does not have any such revenue allocation plan. The resulting violations of IGRA could result in the National Indian Gaming Commission levying civil fines against the Tribe up to $25,000 per distribution and/or closing the Tribe’s two gaming facilities.